PHILADELPHIA (CBS) – A deal offered by the Philadelphia fire commissioner may have settled the matter of the shirtless firefighter.

At issue was the outdoor pose of firefighter Jack Slivinski for a charity calendar called “Nation’s Bravest,” which raises money for fire department widows (see related story and photo).

The shoot, though, was against department policy, and Slivinski was transferred from the elite Rescue One unit prior to a disciplinary hearing.

At that hearing today, Mike Kane, chairman of the fire union trustees (right), says there was back-and-forth about the issues.

“Finally, the commissioner came into the room and basically, I thought, was very fair, as far as with a verbal reprimand which was I felt was in line with what happened,” Kane said afterward.

Kane says Slivinski (in top photo), who did not speak to reporters following the hearing, returns to Rescue One on Thursday.

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“He’s the kind of kid, if you or one of your family members is trapped this is the kid you want showing up at your house. He is one of the best of the best,” Kane added.

Everett Gillison, Philadelphia Deputy Mayor of Public Safety, explained the city’s position is that Fire Commissioner Lloyd Ayers acted responsibly.

“There is no penalty at all assessed here. It was more that the commissioner wanted to make sure that he understood that there is a chain of command in the fire department, he has to get permission to do things,” Gillison said.

Slivinski did get permission — from the union president, Billy Gault.

Kane said, “Billy Gault thinking only of the widows did what he did.”

“Looking at the intent and weighing everything out, there was no need for any punishment,” Gillison added.

So what about the calendar? Does Slivinski stay in or is he out? If the publisher gets her way, Slivinski is in and will be featured as “Mr. May” when the 2012 calendar is released this summer.

But the city contends, that part of the discussion is continuing.

“We’ll leave that to the discussions between the lawyers,” Gillison said.